Harassment Training for Employees

код для вставки на сайт или в блог

ссылки на документ

Iowa Civil Rights Commission
Disclaimer
The information contained in
this presentation is a brief
overview and should not be
construed as legal advice or
exhaustive coverage of the
topic.
Iowa Civil Rights Commission
A state administrative agency which
enforces your rights under the Iowa
Civil Rights Act of 1965 (Chapter 216
of the Iowa Code) .
Iowa Civil Rights Commission
вЂў VISION: A State free of discrimination.
вЂў MISSION: Enforcing civil rights laws
through compliance, mediation, advocacy,
and education.
Protected Personal Characteristics
In Employment
Race
Color
Creed
Religion
National Origin
Age
Sex/Pregnancy
Sexual Orientation
Gender Identity
Physical Disability
Mental Disability
Retaliation
Harassment Overview
вЂў
вЂў
вЂў
вЂў
вЂў
Definition of sexual harassment
Definition of general harassment
Examples of prohibited behaviors
You and your organizationвЂ™s responsibilities
Liability
What is harassment ?
вЂў Behavior which has the effect of
humiliating, intimidating, or coercing
someone through personal attack.
вЂў Behavior that can cause the recipient
to be embarrassed, uncomfortable and
cause emotional distress.
Definition of Illegal Harassment
Harassment is unwelcome conduct which
is taken because of a protected personal
characteristic and which creates an
abusive job environment.
There are three requirements
Unwelcome conduct
Because of protected characteristic
Hostile/Abusive environment
Types of Harassment
Quid Pro Quo
&
Hostile Environment
Quid Pro Quo
вЂў When employment decisions or expectations
are based on an employeeвЂ™s willingness to
grant or deny sexual favors or willingness to
submit to unwelcome behavior.
вЂў вЂњThis for thatвЂќ
Examples of Quid Pro Quo:
вЂў Demanding sexual favors in exchange for a
promotion or a raise
вЂў Demanding participation by a subordinate in a
religious observance
вЂў Changing job performance expectations after
subordinate refuses repeated requests for a
date
вЂў Disciplining or discharging an employee who
ends a romantic relationship
Hostile Environment
вЂў Where verbal or nonverbal behavior in the
workplace focuses on the sexuality of another
person or occurs because of a personвЂ™s gender
or other protected characteristic.
вЂў Where verbal or nonverbal behavior in the
workplace is unwanted or unwelcome
вЂў Where verbal or nonverbal behavior is severe
or pervasive enough to affect the personвЂ™s work
environment
Behaviors that can be unwelcome
and/or sexual in nature
Physical
Verbal
Visual
вЂўAssault
вЂўJokes, remarks, or
questions
вЂўCartoons
вЂўTouching
вЂўBlocking
вЂўPropositions for
sexual activity
вЂўHugging
вЂўPressure for dates
вЂўKissing
вЂўObscene language
which is gender
specific or sexual in
nature
вЂўPinching
вЂўPatting
вЂўLeering
вЂўGesturing
вЂўGrabbing
вЂўInappropriate
comments about a
personвЂ™s body
вЂўWritten documents
вЂўPin-up calendars
вЂўDrawings
вЂўComputer images
вЂўComputer games
вЂўPosters
вЂўObjects
вЂўFaxes
вЂўE-mails
Same-Sex Sexual Harassment
The U.S. Supreme Court
ruled that same-sex
sexual harassment is a
form of sex discrimination
under Title VII of the Civil
Rights Act of 1964.
Behaviors that are NOT Sexual
Harassment
Welcomed and NOT sexual in nature
1. Voluntary lunch or dinner dates вЂ“ asking a
coworker to have lunch or dinner
2. Appropriate compliments вЂ“ telling a person
that his or her outfit is nice
3. Acts of courtesy вЂ“ opening the door for
someone
Unwelcomeness
In order to be вЂњunwelcomeвЂќ the conduct must
be both:
1. Actually offensive to the victim and
2. Not solicited or invited by the victim
If the conduct is welcomed, then: The conduct
cannot be considered when deciding if there
was an abusive environment.
Unwelcomeness
Evidence that the victim found the
conduct unwelcome includes:
1. The victim told the harasser
to stop.
2. The victim moved away when
the behavior occurred or looked
away from the harasser when
the joke was told.
3. The victim met the joke with a
prolonged stony silence.
Unwelcomeness
Evidence that the victim found the
conduct welcome includes:
The victim engaged in similar
banter with the harasser just prior
to the harassing statements.
The victim initiated physical contact
with the alleged harasser
The victim laughed after the supposedly
harassing joke and remarked it was a вЂњgood
oneвЂќ.
Unwelcomeness
The following do not mean that the
conduct was welcomed:
вЂўThe victim did not complain to
others about it at work
вЂўThe victim engaged in bawdy
conduct outside the workplace on
their own time
вЂўThe victim was heard to use curse
words from time to time
Abusiveness
The requirement of an abusive job
environment is broken into three parts:
1. Subjectively abusive
2. Objectively abusive
3. Part of the job environment
Abusiveness
A job environment is subjectively abusive if
the Complainant actually believes it is abusive.
Evidence that the Complainant has a subjective belief of
abusiveness includes:
вЂўComplainant states that they felt the environment was
abusive. This could be corroborated by Complainant
seeking professional counseling.
вЂўComplainant complained to other people about the
environment (whether or not вЂњofficiallyвЂќ).
вЂўWitness report that Complainant was very upset
following incidents of harassment.
Abusiveness
A job environment is objectively abusive if a
reasonable person would find the environment
abusive.
Factors in deciding whether the environment
is objectively abusive include:
вЂўFrequency
вЂўSeverity
вЂўPhysically threatening or humiliating
вЂўUnreasonably interferes with job
performance
вЂўEffect on psychological well-being
Abusiveness
Frequency & Severity of the harassment are
the most important factors. They add together to
make how bad the environment is. If it is bad
enough it is вЂњabusiveвЂќ.
As the severity goes up - the frequency needed
goes down.
Is it Harassment?
When in doubt about the appropriateness of
particular behavior consider the following:
вЂ“ Would I behave this same way if my
mother or child were standing next to me?
Is it Harassment?
When in doubt about the appropriateness of
particular behavior consider the following:
вЂ“ Would I behave this same way if my
mother or child were standing next to me?
вЂ“ Would I want my behavior to be the subject
of a report on the evening news?
Is it Harassment?
When in doubt about the appropriateness of
particular behavior consider the following:
вЂ“ Would I behave this same way if my
mother or child were standing next to me?
вЂ“ Would I want my behavior to be the subject
of a report on the evening news?
вЂ“ Would I want to describe my behavior in
court in front of a judge or jury?
What is the EmployeeвЂ™s
Responsibility?
вЂў Understand
вЂ“ Know company policy and the law
вЂ“ Adhere to policy and the law
вЂ“ Be careful
вЂў Be Watchful
вЂ“ Pay attention to coworkers- avoid inadvertent offense
вЂ“ Look for subtle forms of harassment
вЂ“ Report any instances
вЂў Be active
вЂ“ Confront Harassers directly, if you are comfortable doing so
вЂ“ If confrontation fails, file a grievance
вЂ“ Document ALL instances- detail Detail DETAIL!
What can You do?
Practical Advice for Employees
вЂў Be courteous
вЂ“ Pleasantries are always allowed
вЂ“ Remember, jokes that end with вЂњIf they werenвЂ™t watermelons,
what were they?вЂќ arenвЂ™t funny to everyone.
вЂ“ Reference the Golden Rule
вЂў Think!
вЂ“ DonвЂ™t tweak вЂњbrittleвЂќ people for sport
вЂ“ Try to avoid loaded words; youвЂ™re intelligent enough to express
displeasure without the вЂњFвЂќ word
вЂ“ Ask yourself (or others): Am I offending anyone?
вЂў Be Professional
вЂ“ Keep your personal life personal, and your work life professional
вЂ“ Treat other employees, above and below you, with respect
Employee Responsibilities
and the public
Employees who deal directly with customers, the
public or with personnel from other organizations,
must always ensure that their own behavior is
acceptable. They are also strongly encouraged to
report incidents of unwelcome behavior by others.
You do not have to tolerate unwelcome behavior by
the public, but like everyone else, you must act
responsibly when dealing with unwelcome conduct.
Supervisors and Employees
DOвЂ™S
Supervisors:
вЂў Take the situation
seriously
вЂў Communicate with
employee
вЂў Act immediately to stop
behavior
вЂў Maintain confidentiality
вЂў Remain neutral
Employees:
вЂў Resolve at lowest
possible level whenever possible
вЂў Report it to your
supervisor
вЂў Contact Human
Resources for
assistance
вЂў Document actions
Your OrganizationвЂ™s Obligation
вЂў Your Organization has the obligation to have
a work place that is free of discrimination
and harassment of any type
вЂў Having an anti-harassment policy is a step in
the right direction
Anti-Harassment policy
вЂў Statement prohibiting harassment
вЂў Definition of harassment and examples of
prohibited behaviors
вЂў Explanation of complaint procedures and
designation of persons to whom complaints
should be made
вЂў Assurance that a prompt, thorough and
confidential investigation will take place
Anti-Harassment policy
вЂў Assurance that if a violation of the policy is
found, that there will be prompt, corrective
action by the employer
вЂў Assurance that there will be no retaliation for
reporting the harassment
Employer Liability
The employer is
subject to liability if the
harassment was
committed by a
supervisor with
immediate or
successively higher
authority over the
employee.
Affirmative Defense:
Acts of Supervisor
Employer must show that:
вЂўEmployer exercised
reasonable care to prevent
and promptly correct
harassing behavior
вЂўEmployee unreasonably
failed to take advantage of
preventive or corrective
opportunities or to otherwise
avoid harm
Employer Liability for Acts of
Supervisors
Quid Pro Quo
Hostile work environment
вЂўEmployer is always
liable for acts of
supervisor
вЂўCan raise affirmative
defense to avoid or limit
liability
вЂўCannot raise affirmative
defense to avoid or limit
liability
Employer Liability:
Acts of Coworkers or nonemployees
Coworkers:
Nonemployees:
вЂўIf knew or should
have known of the
misconduct
вЂўEmployerвЂ™s control over
individualвЂ™s misconduct is
considered
вЂўUnless can show
they took immediate
and appropriate
corrective action(s)
Review
вЂў
вЂў
вЂў
вЂў
вЂў
вЂў
Definition of sexual and general harassment
Types of harassment
You and your organizationвЂ™s responsibility
The organizationвЂ™s policy
What to do when harassment occurs
Liability
Any Questions?
Iowa Civil Rights Commission
Grimes State Office Building
400 E. 14th Street
Des Moines, Iowa 50319
515-281-4121
800-457-4416 (toll free)
fax: 515-242-5840
website: www.state.ia.us/government/crc